Accused of Sexual Assault and Wondering What to Do?
The term sexual offences refers to a range of unlawful acts that are sexual in nature. They are considered serious offences and if found guilty, defendants often face prison time.
If you are accused of a sexual offence, the gravity of the situation may make you feel stressed and confused.
This is a common experience for many, so we have compiled the information you need to navigate the process. This article outlines the things you should and shouldn’t do to ensure that you can achieve the best possible result.
If you need more information and would like to speak to a sexual offence lawyer, you can book a free 15 minute phone consultation.
What should I do?
Create a record of events
As soon as possible and in as much detail as you can, create a written account of your version of events. You can support this record with other information, such as:
- Any messages or communication between you and the person who has accused you (complainant).
- Any CCTV footage of you and the complainant from the time in question. It is important to retrieve this as quickly as possible, as CCTV can be deleted after a certain period of time.
Do not let anyone see this document except for you and your lawyer.
This information could be used as helpful evidence should you go to trial. If you don’t collect it as soon as possible, that evidence may be lost.
Make a list of potential witnesses
Consider those who might have been present to witness the incident.
Write down their names and contact details and provide them to your lawyer.
Comply with your bail
If you have been charged and released on bail, make sure you comply with conditions imposed upon you.
Breaching bail is seen as a serious offence and can result in a separate criminal charge.
Click here to read more about applying for bail.
What shouldn’t I do?
Do not contact the person who has accused you (or potential witnesses)
If a person has accused you of sexual assault, do not contact them. If you do, you put yourself at risk of:
- Witness tampering charges: A charge of attempting to intimidate, influence or harass a witness.
- Impacting legal proceedings: Contact with the accuser could be used as evidence against you, undermining your credibility in court.
- Breach of bail charges: If you are out on bail, a standard condition is that you must not contact the complainant. If you do, you risk breaching your bail and getting additional charges.
The same rules apply to witnesses, so you should not contact any of the people on the witness list that you give to your lawyer.
Make a list of potential witnesses
Consider those who might have been present to witness the incident.
Write down their names and contact details and provide them to your lawyer.
Do not post about the incident on social media
Posting about the incident or the accusation on social media can have serious consequences. These include:
- Self-incrimination: Anything that you post can be used as evidence in court and harm your defence, regardless of whether it has been taken out of context.
- Breach of bail: Posting about the incident may be a breach a non-contact or gag order, meaning that you could be charged with breach of bail.
Do not ignore the police
Do not ignore any contact you may receive from the police. Instead, contact a criminal lawyer as soon as possible. A lawyer can speak to the police on your behalf and arrange a time for you speak with them.
If you are contacted by the police, you are only required to provide your name, date of birth and address.
Chambers Legal advises that you only answer further questions once you have received legal advice. This is because the police do not always work in your best interests.
There is no legal risk in doing this, as remaining silent cannot be used as evidence of guilt.
You can read more about talking to the police here.
Do I need a lawyer?
Sexual offence charges are serious and often result in imprisonment if the defendant is found guilty. Because of this, Chambers Legal recommends consulting a specialised sexual offence lawyer to ensure you are best prepared for trial.
A lawyer can offer advice on:
- The charge itself
- The defences and pleas open to you
- If found guilty, what sentence you may receive
A lawyer can also represent you in initial hearings in the Magistrates Court, where you may seek an adjournment and enter your plea. They will then represent you until your hearing and trial end or until you choose otherwise.
Chambers Legal understands that the seriousness of sexual offence charges can place significant stress of the defendant. To help ease this stress, we make sure our clients are fully aware of their rights and options and do so with compassion, integrity and respect.
Find a sexual offence lawyer in Perth
Chambers Legal has an experienced team of sexual offence lawyers who can advise you on legal defences and prospects of success at trial.
Our team prides itself on working with integrity and transparency. We are fair and honest in our pricing, providing proper cost notice. Our legal advice is tailored to each client and always provided in writing.
If you have been charged with a sexual offence and would like legal advice, please contact Chambers Legal on (08) 9500 8915 or at [email protected].
Alternatively, you can book a free 15 minute phone consultation.